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273 663
THE ROBERT E COWAN COLLECTION
UNIVERSITY OF CALIFORNIA
HY
C. P. HUNTINGTON
! Recession No :ss No
?!35"
LEGAL RECREATIONS.
VOL. III
Judidikl u
JUDICIAL
PUZZLES.
SAN FRANCISCO :
BY
STJMNER WHITNEY & CO.
PREFACE.
in 1859-60,and subsequently
reprinted, among other contributions of the same
Paradoxes and
Puzzles."
January, 1876.
[5]
CONTENTS.
I. ELIZABETH
Her story 10-20
Henry Fielding 20
Sir Crispe G-ascoyne 27
Conviction of Squires and Wells 27
Conviction of Canning 35
Chipping Campden 37
Justice Shallow and Will Squele 38
Disappearance of Harrison 39
Confession of John Perry 41
Trial and execution of Joan, Richard, and John Terry. 43
Return of Harrison 44
His narrative 44
Confessions 51
Mania for self-accusation - 51
Cowper, the poet 51
Case at Calais 52
Confession of the witches 52
Isabel Gowdie, Janet Breadheid 53
Modern cases CO
Samuel Wall GO
Mutiny of the llermione 65
JUDICIAL PUZZLES.
I.
ELIZABETH CANNING.
ing during the night and that she had heard the
"
*
Scarratt, 495. J Woodward, 5:>7
; Wintlebury, 510.
t Myers, 505; Wintlebury ,-510. Myers, 505.
PUZZLES 2.
14 JUDICIAL PUZZLES.
On
the day but one after, the 31st of January,
Canning repeated her story to Alderman Chitty,
who was the sitting alderman at the time, and who
thereupon issued his warrant for the apprehension
of Mother Wells.
Onthe 1st of February, Canning, accompanied by
her mother and her friends, went with the officer
who had charge of the warrant to Enfield Wash.
The house of Mother Wells still stands a little
beyond the tenth milestone on the Hertford road.
It is on the right hand, at the corner of the lane
it."
OF THE
UNIVERSITY
20 JUDICIAL PUZZLES.
I
Upon
"
ing. He was
clearly unconscious that he was doing
anything wrong or even irregular, and no doubt
such a preceding was by no means unusual. But
the evidence of Virtue Hall is under these circum
stances utterly worthless. We need feel no sur
prise that she afterwards, when the pressure came
from the other side, retracted every word she had
sworn, and her testimony may be cast out of the
case altogether.* We still get no further than the
evidence of Elizabeth Canning herself.
On the 21st of February, 1753, Mary Squires and
Susannah Wells were placed at the bar of the Old
Bailey. Canning told her story Virtue Hall cor ;
p. 06.
PUZZLES 3.
26 JUDICIAL PUZZLES.
hungry inhabitants
Betty Canning was at least,
"
*
Report, State Trials, xix, 275.
t Churchill Ghost, 182.
28 JUDICIAL PUZZLES.
true, the very first thing that would have been said,
when Canning stated that she had been confined in
that room, would have been,
That cannot be, for
"
!
"
Sup
posing this to be the case, and that the woman w^as
the Avife or sister of one of the men, besides consid
ering that he was sir jle-handed, he did not inter
fere, and they passed on in the direction of Enfield.
He did not profess to identify Canning, nor to fix
the time with any greater certainty than that it
was the beginning of January.
It be remembered that, on her arrival at
will
Mother Wells ,
she asked her road to London.
Thomas Bennett deponed, that on the afternoon of
the 29th of January he met a girl in the most
wretched and pitiable condition, and whose des
cription exactly answered to Canning, about a quar
ter of a mile on the London side of Mother Wells
house that she asked him the way to London, and
;
testimony ? Read
the evidence on one side, and it
is impossible to refuse our assent to it. Read that
on the other, and it is equally conclusive. The alibi
and the ill are each supported by a train of evi
dence which appears irresistible.
The Recorder told the jury that if they believed
the Enfield witnesses, the Abbotsbury witnesses
ELIZABETH CANNING. 35
THE CAMPDEN
a "
OF THE
UNIVERSITY
40 JUDICIAL PUZZLES.
age and again set out but a mist rising, he lost his
;
ugal, where (as soon as the master had left the ship,
and was gone into the city) they set me on shore,
moneyless, to shift for myself. I knew not what
course to take, but, as Providence led me, I went
THE CAMPDEN WONDER. 49
the "
*
Frogs. t Twitch, couclLgruss. J Traces. A ridgel rum.
THE CAMPDEN WOXDEK. 55
"
sydis."
"
the accus
ers are masters or neighbors who had their children
dead, and are engaged by grief to suspect these
poor creatures. I knew" (he says) "one burnt
because a lady was jealous of her with her husband ;
That the man then raised his hand and struck the
woman a violent blow on the head, which knocked
her down. Upon this he went up, and instantly
recognized the man as one Philip Clare, whom lie
to
Clare turned round and replied,
"
Lcctiires on
Forensic Medicine," after observing how common
false sclf-inculpativc evidence is, gives some re
markable instances in Avhich it has occurred. Of
these the following is perhaps the most striking :
THE CAMPDEX WOXDEK. 65
was informed that the wife was alive and well, and
had been to visit her husband only the day before !
all the
customary solemnities and rejoicings had
taken place that the child was uniformly acknowl
;
was cut, and the child poitried at the blood that came
out * The same witness
of the ear"
deposed that
* State Trials, xvii, 1280.
78 JUDICIAL PUZZLES.
neveq
saw a child in the house" Upon this the
court, apprehending that there was some contradic
"
ately perjured.
After the separation Lady Altham went to reside
at Ross,and subsequently removed to Dublin. Her
circumstances were extremely narrow, and her
health bad, but she was faithfully attended until
her death, which took place in October, 1729, by
Mary Heath. From her first arrival in Ireland, in
1713, a period of sixteen years, with the exception
of a single week, this woman was never absent from
her. While she resided at Dunmaine, Heath dressed
her every morning and undressed her every night ;
little Jemmy,"
which one witness might understand as being a dis
tinct declaration of his legitimacy, and another
might think only conveyed the expression of his af
fection for his natural child.
During the
first period the existence of the child
OF THB
UNTVP.T^QTT V
82 JUDICIAL PUZZLES.
* State
Trials, xvii. 1201. t Ibid, xvii, 1202.
84 JUDICIAL PUZZLES.
her "
ELIZA FENXING.
poison conveyed?
All the persons who had partaken of the dump
lings were attacked in a greater or less degree.
The flour from which they were made was exam
ined, but no poison found; and Forming, Peer, and
King had dined on a pie, the crust from which was
made of the same flour, without any ill effects. The
poison, therefore, was not in the flour. Some sauce
had been served in a, boat separate from the dump
lings, and of this sauce Mr.
Orlibar Turner did not
that she took it, for some reason or other, after she
had seen its effects, and after she had seen cause to
warn Gadsden against the dumplings.
This very slender evidence is all that exists apart
from that which is derived from Fenning s own
statements, which we shall consider presently.
It amounts to little more than proof that Fen-
"90th
Q. Did you say anything to her Avhilc
you were there that day respecting the dumplings ?
11
A. I exclaimed to her, Oh, these devilish
dumplings supposing they had done the mischief.
!
"
A.
My daughter. I said, That cannot be it
could not be the sauce. She said, Yes Gadsden
;
Cucullus
non facit inonachum," or rather, in this case, mon-
acliam, receive a stronger confirmation than from
the story of poor Sarah Stout. Stormy passions
beat under the dove-colored bodice, and flashed
from the eyes which were shaded by the close
white cap and poke bonnet of the Quakeress. Her
whole heart and soul were given to Spencer Cow
per. A man of sense and honor would, under such
circumstances, at once have broken off the connec
tion, and saved the girl, at the cost of some
present suffering, from future guilt and misery.
A man of weak determination and kind feel
ings might have got hopelessly involved in at
tempting to avoid inflicting pain. Cowper did
neither. He carried on a clandestine correspond
ence with her under feigned names, and received
letters from her breathing the most ardent passion,
which he displayed amongst his profligate associ
ates. He introduced a friend to her as a suitor,
and then betrayed to that friend the secrets which,
above al1 others, a man of honor is bound to guard
SPEXCER COWPER S CASE. Ill
and then called for pen, ink, and paper, for that, as
he said, he was to write to his wife which was ;
*
that, nor did Mr. Cowper return to the house."
Cowper, who defended himself with great ability,
asked the witness in cross-examination :
occasion. f
Maternal solicitude could not be very strong in the
* 13 State Trials, 1112. t Ibid, 1114.
114 JUDICIAL PUZZLES.
OF THE
116 JUDICIAL PUZZLES.
"
it was not
proved that easy to shut the door with
out being heard. If Cowper had been entitled to
submit himself to cross-examination, these facts
might have been, and probably would have* been,
explained.
Here, not only the evidence, but the whole sub
stance of Cowper s defense ends. The trial was
prolonged by an enormous mass of testimony, partly
from men of the highest eminence in the medical
profession,and partly from persons who had seen
great numbers of bodies, some of which had been
thrown into the sea after death, and others of
which had been drowned in naval engagements and
shipwrecks, as to whether the fact of a body float
ing afforded any evidence that life was extinct be
fore ithad been thrown into the water. On this
point the evidence was, as might be anticipated,
contradictory, but had it been otherwise, it would
have been of no value for the question, whether
;
*See the evidence of Berry .Venables, Dell, Ulfe, Dew, Edmunds, Page,
How, and Meager, 13 State Trials, 111G to 1122. All these witnesses, who
were present when the body was found in the mill-dam, agree in assert
ing that the "floated,"
"body and they no doubt believed what they
said, their evidence affording an example of how far a preconceived
idea will affect belief ; they describe the body as lying on the right side,
the head and right arm being driven between the stakes , which were
something less than a foot apart, by the stream. Robert Dew and
Young, who were called on behalf of the prisoner, and who were also
present when the body was taken out of the water, assert equally posi-
120 JUDICIAL PUZZLES.
but they tell you she lay on her right side, the one arm up even with
the surface of the water, and her body under the water ; but some of
her clothes were above the water particularly, one says, the ruffles of
;
her left arm were above the water. You have heard, also, what the
doctors and surgeons said, on the one side and the other, concerning the
swimming and sinking of dead bodies in the water but lean find no
;
PUZZLES 11.
122 JUDICIAL PUZZLES.
fairly transcribed
we find four pages devoted to the case of that un
happy girl. The whole passage is so eloquent, so
picturesque, so ingenious in insinuation, so daring
in the misrepresentation of facts and the distortion
of evidence, and affords so good an epitome of the
best and the worst qualities of the author, that we
give it entire :
"
*Vol. v, 238.
130 JUDICIAL riTZZLES.
ing
a tolerably reasonable ground of annoyance) ; and,
3d, That to two or three of her associates she
"
that, a
"
hither."
*
Now in this, we confess, it seems to us that the
judge appears to greater advantage than the physi
cian. Garth was evidently desirous to evade the
question, and he attempted to do so by a sneer.
The superstition of the sailors had nothing to do
with the question whether a man killed in battle
and falling into the water floats or sinks. Garth
was compelled to admit that he had no experience
on the subject. He said, and said truly, that "the
object of tying weights to a body is to prevent it
PUZZLES 1 a.
134 JUDICIAL PUZZLES
Respected Friend,"
gy"
and Baxter s "Saint s Rest," Penn s "No
Cross, no Crown," and George Fox s Journal
"
"
clandecently," as Mawworrn
says,or in open defiance of the yearly meeting.
Gastronomy is the only one of the liberal arts that
nourishes unrestrained. The Quakers arc a hos
"
collars,"
and those still more execrable abomina
tions, "turned-down collars with slits in them"
138 JUDICIAL PUZZLES.
friendly."
making
suit to a young woman after the death of my wife,
haying made some proceedings that way in less
than four months, which I am now sensible was
*
wrong. As witness my hand, R. H."
says,
times the quantity of food placed upon the table
which could possibly be eaten by the heartiest appe
tites of those present, and plates are piled with so
much that they are seldom empty at the end of the
meal. * * It is usual to help a visitor to two 01
three slices of pie at a time."
*
Friendly Sketches in America, 195.
140 JUDICIAL PUZZLES.
Spencer Cowper and Sarah Stout are the Mosco and Zara of The New
Atlantis. See Vol. i, 106, 174, for a very fwll account of this unhappy
transaction. Lord Macaulay, who has drawn largely upon the stores of
this work in other instances, appears to have overlooked the; fact that
this narrative was to be found in the pages of a contemporary historian,
whose character for accuracy is second only to his own."
SPEXCER COWPER S CASE. 143
fifth volume ;
and all the world now has the advan
tage of knowing that the grandfather of "that
excellent man, and excellent poet," as Lord Macau-
A.
Abduction of female, 10.
motives for, 15.
of W. Harrison, 45.
and murder of boy, 30.
Acquittaleffect of, 104.
by verdict, 122.
Admission of disreputable character, 25.
Alibi plea of, 18, 19.
B.
Bennett evidence of, 14.
Breadheid, Janet executed for witchcraft, 57.
PTZZLES 13. [ 145 1
146 INDEX.
o.
Calplmrnius, Flaccus on voluntary confession, 67,
Crime Co ntinued.
imaginary commission of, 59.
motives for, pp. 79, 84.
Crimes evidence of guilt, 96.
absence of notice to exculpate, 97, 125.
hatred as an incentive to, 98.
public indignation at, 106.
Criminal right to exculpate himself, 106.
Crim. con. clandestine correspondence, 110.
betrayal of secrets, 110.
Criminal jurisprudence of French courts, 101.
of continental states, 101.
Criminal practice prohibition of examination of criminal
as witness, 100.
Cross-examination of culprit, effect of, 105,
of witnesses, 113.
D.
Dallas, "William examination before, 53.
Dead bodies floating properties of, 132, 133.
Defense what conclusive of falsehood, 26.
Delusions impressions from, 51.
accordance with prevailing belief, 53,
intercourse with the devil, 55.
self-conviction of guilt, 58, 64.
of a monomaniac, 59.
confessions of murder under, 65.
Description of place, 12.
of accessory, 13-16.
of person, coincidences, 33.
Disappearance mysterious account of, 44.
Divorce proceedings on false ground, 59.
case of on delusions, 63.
Dyer, Daniel evidence of, 33.
148
GK
Gadsden evidence of, 93.
Garth, Samuel evidence as expert, 127.
Gascoigne Lord Mayor, 27.
Gibbons, John statement of, 25.
Gipseys as factionists, 27.
Gleeson, Wilson case of, 30.
Gowdie, Isabell confession of witchcraft, 53.
execution of, 57.
H.
Haley biographer, 143.
Hall, Virtue examination of, 22.
Hallucination self-conviction under, 50, 58.
.See INSANITY.
Harrison, W. reputed murder of, 39.
Hatsell, Judge trial before, character of, 131.
J.
K.
Kidnapping motive requisite, 49.
INDEX. 151
M.
Macaulay, Lord remarks as to Quakers and Tories, 122.
criticism on, 123, 129.
Mackenzie, Sir G. observations on witchcraft, 58.
Magistrate examination before, 20.
commitment and discharge, 20.
N.
Natus, Fortune testimony of, 20, 29.
Natus, Judith arrest of, 23.
152 INDEX.
o.
Outraged humanity vindication of, 142.
Overbury, Sir Thomas 44.
B.
Ramsay the painter, 27.
Rape accusation of, 102.
Redding gamekeeper, 70.
Road Murder, The 106.
Robbery in Moorfields, 9,
s.
Salt solicitor, 21.
Robert statement of,
Scarratt, 13.
Seduction and betrayal 110.
Self-inculpation falsity of, 64.
Sentence to death penalty, 26.
brnnding and imprisonment, 26.
to
T.
u.
V.
Verdict inconsistency of, 35.
inferences from findings, 85, 86.
against popular sympathy, 89
confirmation by public opinion, 100.
conflicts in, 103, 104.
of acquittal, 122.
Vemoru Admiral 70.
w.
Walker, Sarah testimony of, 112.
cross-examination of, 113.
Wall, Samuel declarations of, CO.
Warrant for apprehension of accessory, grounds for, 16.
Wells, Susannah arraignment of, 25.
Wet Quaker denned, 137.
Wife incompetent as witness, 102.
Wilson, Bessie delusions of, 56.
Gleeson, examination of, 100.
Witchcraft of Joan Perry, 43.
confessions of, 53.
destroying fruits of land, 54.
odious nature of crime, 58.
Witness failure to examine, suspicious, 29.
exclusion of accused party, 100-102.
culprit should be admitted to testify, 104.
incompetency of Quaker, 112.
effect of rule excluding accused, 114.
examinations of physician as expert, 133.